Need help with CCJ Set Aside and issues relating to SAR

Jeff_Goldblum

Hi guys,
First time posting here but in a right state as many are here. I have read the wiki etc and have got to the point where I have a draft of my witness statement and defence.
One big issue I am having is I have multiple "parking offences" from the parking company and TWO CCJs filed against me. I cannot match up what offences relate to what CCJ and don't have complete documentation to do so at this stage.
I sent my SAR off last week but as their DPO clearly stated in the email, it can take up to 1 month to process the data and for them to send it back to me.

What I don't understand is, that if I have to file the N244 PROMPTLY to get the CCJs set aside (apparently 3 weeks) how on earth can I get the data fast enough to put all this in my witness statement?

As stated, I have a draft that I have put together from myself + various other posters on here (thank you so much by the way for your contributions) but all of that is invalid if I cannot match the dates to the correct CCJ on the witness statement.
Any help would be greatly appreciated. 

nosferatu1001

When you called the ccbc to get copies of the claim form, what did that tell you? 

Or make it simple on yiurself
given you have to file TWO n24f, put every "offence" into the single WS you write that covers both n244, of course making it clear that this is what you've done...

nosferatu1001

In essence : you've decided you need absolute precision. You do. Not. 

What grounds are you applying under? CPR 13.2 and 13.3?

henrik777

Pick up the phone. 

Ask the court for copies of the claim forms. Ask each claimant if struggling.

A sar is a fishing expedition which may produce some great fishing in the future. However if your family need fish now you'll have to get it from the shop.

Jeff_Goldblum

nosferatu1001 said:

In essence : you've decided you need absolute precision. You do. Not. 

What grounds are you applying under? CPR 13.2 and 13.3?

As I currently understand, and please correct me if I am wrong, it is yes as I have moved address twice since discovering the CCJ - I have been at my current address for over a year and the first correspondence at this new address was from a debt collector at the beginning of this month - I have since used Trust Online to confirm that I do, indeed have one CCJ each at the previous 2 addresses.

"Or make it simple on yiurself
given you have to file TWO n24f, put every "offence" into the single WS you write that covers both n244, of course making it clear that this is what you've done.."

If I do this, will I still have to file 2 individual N244s at £255 each, despite the fact that they are essentially "duplicates"?

Thanks again for all of your help.

nosferatu1001

Yes of course you have to file two n244. One per ccj, same as ever. 

That's the rules. 

Did you call the ccbc to get the details?  

Give. Dates. When did they file the claims? When did you move each time?  Be very very clear.  

Cpr13.3 has nowt to do with addresses. So I ask again - lay out your grounds. 

Coupon-mad

You will see from the NEWBIES thread two examples of CCJs set aside, that you can ask the Judge to Order the Claimant to pay your £255 back and it does happen fairly often in PPC set aside cases. 

Given the WS and N244 application is NOTHING about the PCNs, you don't need the SAR back.  The WS for a set aside is about proving you moved and never got the claims.

Have you told the PPC your new address now and told them to erase the old addresses, as well as sending the SAR?

Le_Kirk

Have you now updated your V5C?  This is possibly the reason you have CCJs because the paperwork went to an address out of which you had moved.

Jeff_Goldblum

nosferatu1001 said:

Yes of course you have to file two n244. One per ccj, same as ever. 

That's the rules. 

Did you call the ccbc to get the details?  

Give. Dates. When did they file the claims? When did you move each time?  Be very very clear.  

Cpr13.3 has nowt to do with addresses. So I ask again - lay out your grounds. 

Currently on hold to CCBC will update when I know. 
Both judgements filed on 8th September 2020.
I moved out address 1 (where 1st CCJ is) into address 2 on 01/08/2018.
The "offences" occurred between 01/08/2018-16/08/2018
Moved out of address 2 (where 2nd CCJ is) , into address 3 (no CCJs) on 19/06/2019. 
Only got debt collectors letter on 03/11/2020 from Newlyn. First I'd heard if it. Thought it was a scam/load of rubbish at 1st based on previous posts on this forum. 
Ended up using Trust Online to confirm it based on what another poster said on this forum. 
Did search on 11/11/2020

Jeff_Goldblum

Le_Kirk said:

Have you now updated your V5C?  This is possibly the reason you have CCJs because the paperwork went to an address out of which you had moved.

I did update my V5C at the time but it was a couple of weeks after it. I distinctly remember changing it. I no longer own that vehicle and have requested a V5C history search from DVLA. Just awaiting paperwork to get back. 

Jeff_Goldblum

OK, so got off the he phone to CCBC. CCJ at address 1 was for an "offences" on 01/08/2018, 13/08/2018, 14/08/2018 and 15/08/2018.
CCJ at address 2 was for "offence" on 10/08/2018.
Seems bizarre to me that they can put an "offence" in on address 2 on the 19th and send 3 out between 13th-15th at address 2. Surely this means they had my address but willingly chose a previous address so I'd miss it?